Is there any case law out there regarding:

Due to delinquent taxes, we have three properties with active cases listed to go on courthouse steps for tax sale. These properties have unlawful accumulations, an abandoned dilapidated camper, or a carcass of a fully burned structure( mobile home burned down to the frame).  Tax sale purchasers typically are told by the tax commissioner that they are not permitted to do much with these properties for a period of 12 months i.e. improvements remodel etc.  However, in cases like these where there are active cases on the property,  does the purchaser have the authority to clean up the accumulations, remove a dilapidated camper or remove the burnt remnants of the mobile home? Otherwise, these properties would remain a nuisance for the next year.   

 

Thanks,

Deputy Marshal Jared Hightower

Franklin County Marshal's Office

I had a similar situation.  My solicitor told me to file for nuisance abatement through our municipal court.  She did a lis pendens in superior court and sent notice of the municipal court hearing to both the tax commissioner and the owner (since both were interested parties).   In our case, the tax commissioner removed the property from the tax sale (at least temporarily).

I'm not sure how your ordinances work, but if the nuisance is not abated by a certain date, the city can move in abate it (with the signed court order).  We can then add a lien to the property.

There may be multiple ways to handle it.  It often comes down to how diligent your solicitor/prosecutor is.

Good Answer, William,

I recommend working closely with your tax commissioners on properties like this. The tax sale can sometimes be confusing, even to Judges. Filing IN  REM action against the property through Nuisance Abatement puts everyone on notice.